New language in a spending bill likely to pass would prohibit the Federal Communications Commission from spending any of its budget contemplating approval of LightSquared’s application to deliver a national 4G wireless network over frequencies detractors claim would hamper or block use of GPS signals.

The language voted on in the House Appropriations Committee was approved by members of both political parties on a voice vote — another sign Congress is serious about stopping any provider from interfering with GPS technology.  A combination of concerns from the U.S. military, civil aviation, law enforcement, and private industry got a full hearing in Washington last Thursday, as GPS users complained of grave risks LightSquared could cause to aircraft in flight and the general defense of the country.

Rep. Tom Petri (R-Wisc.), chairman of the Subcommittee on Aviation, was concerned GPS interference might even cause an in-flight emergency. “In aviation, there’s no room for error,” Petri said.

Petri

Last week, just prior to the hearing, LightSquared announced its intent to move the service further away from the GPS band, but industry groups remain resolute the proposed changes would be incremental and still pose an interference problem.

Congress’ vote would seem to indicate they agree, putting the entire LightSquared project in jeopardy.

This week, new questions are also being raised about the management of LightSquared.  Critics charge the company knew about the interference issue years ago, and did little or nothing to mitigate it. Some suspect the company was banking on a lobbying effort and pressure from the White House with an interest of expanding broadband to help push through an approval despite the interference threat.

John Byrne from IDC’s wireless and mobile infrastructure research group told the Washington Post LightSquared is now faced with proving interference will not be a problem before it will win approval.

“At this point I think you have to assume that the deployment is on hold until those concerns are addressed to the satisfaction of the FCC and all of the congressmen and senators that are on the FCC on this issue,” Byrne said.

Krone

When David Krone decided to quit his job as senior vice president of corporate affairs at Comcast to go to work as Sen. Majority Leader Harry Reid’s top aide, he got quite the parting gift from Comcast — $1.2 million to cover the cost of the condo he bought just a year earlier.

Comcast’s agreement to make Krone whole, even during one of the worst real estate markets in recent history, was quite a relief for the man who had to make do with a severance package worth $2.9 million.  Now Krone is slumming it on a Senate aide’s salary — $165,000 a year.  That is less than the $270,000 Krone contributed to various candidates, mostly Democrats, since 1989 according to the Center for Responsive Politics.  The Center for Public Integrity says he is Reid’s biggest donor over the past two decades.  Now Reid is his boss.

According to the Wall Street Journal, Krone spent years as a cable industry lobbyist, living in a penthouse unit above Reid’s own condo at Washington’s Ritz-Carlton.  Reid even sought to help Krone win a commissioner position at the Federal Communications Commission — an agency that oversees the cable industry Krone lobbies for, a position Krone declined.

In January 2008, Mr. Krone became a top executive at Comcast, working on public affairs, government relations and public-policy issues. He moved to Philadelphia, paying $1.95 million for a condo, real-estate records show.

After less than 10 months, however, Mr. Krone decided to bail out of the job. Friends say he was unhappy because he had expected to be more involved in top-level decision making than he ended up being.

By then, the real-estate market had declined. When he told Comcast he was quitting, the company agreed to pay him $2.07 million—allowing him to recoup his original purchase price, plus closing costs, according to Mr. Reid’s office.

Companies often cover real-estate losses when trying to woo prospective employees. It is extremely rare for them to do so when an employee quits, say executive-compensation experts. “Severance benefits and even golden parachutes generally don’t protect executives against personal real-estate losses,” says Chuck Yen, an executive-compensation consultant with Grant Thornton LLP.

“Comcast did not know that David Krone was going to Harry Reid’s office or to any other government or regulatory agency” when his separation agreement was negotiated, according to company spokesman John Demming.

Some people familiar with the matter say the company wanted to make sure that he didn’t harbor any ill will after leaving, given his connections. As a heavily regulated cable and media company, Comcast has a lot at stake in Washington.

When Mr. Reid invited him to Capitol Hill several weeks after he left Comcast, Mr. Krone thought it was to discuss another FCC post, Mr. Krone told friends. Instead, Mr. Reid offered him a job, and Mr. Krone accepted.

In April 2009, four months after Mr. Krone started in the Senate, the property sold for $1.09 million, $980,000 less than Mr. Reid’s office said he received from Comcast.

“Whether or not they lost money when they sold it is irrelevant,” said Jon Summers, Mr. Reid’s spokesman.

Rep. Anna Eshoo

Legislation forcing carriers to tell the truth about their 4G wireless speeds is scheduled to be introduced today in Congress by its author and chief sponsor, Rep. Anna Eshoo (D-Calif.)

The Next Generation Wireless Disclosure Act would require carriers to disclose the minimum data speed of their respective networks and better explain plan pricing and coverage.  While many consumers believe “4G” means vastly superior speeds and performance, in reality some wireless carriers have labeled even incremental network upgrades as delivering “4G” service, even if speeds are only incrementally better.

“Consumers deserve to know exactly what they’re getting for their money when they sign-up for a 4G data plan,” said Rep. Eshoo. “My legislation is simple – it will establish guidelines for understanding what 4G speed really is, and ensure that consumers have all the information they need to make an informed decision.”

Specifically, the legislation would provide consumers with the following information at the point of sale and in all billing materials:

• Guaranteed minimum data speed
• Network reliability
• Coverage area maps
• Pricing
• Technology used to provide 4G service
• Network conditions that can impact the speed of applications and services used on the network.

The legislation also requires the Federal Communications Commission (FCC) to evaluate the speed and price of 4G wireless data service provided by the top ten U.S. wireless carriers in order to provide consumers with access to a side-by-side comparison in their service area.

“Consumers want faster, more reliable wireless data service, and I look forward to working with industry and consumer groups to achieve this goal,” Eshoo added. “We need to enhance transparency and ensure consumers are fully informed before they commit to a long-term service contract.”

The bill faces tough prospects in the Republican-controlled House of Representatives, and industry groups are likely to oppose the measure.  Eshoo has tangled with both in the recent past as a prominent supporter of Net Neutrality.

Unless Canada deregulates the media industry further, a “technological storm” by “audiovisual Wal-Marts” will harm or destroy Canada’s media companies.  No doubt looking directly at Netflix, those were the views of Quebecor CEO Pierre Karl Peladeau at the outset of hearings held this week by the Canadian Radio-television and Telecommunications Commission on media ownership and vertical integration issues.

Canada’s media landscape is rapidly consolidating at a rate that will allow even ordinary Canadians with a passing interest in the issue to recognize the handful of remaining media moguls and identify them by name.  Phone companies that own major Canadian television networks, cable operators that own cell phone companies, and mergers among the dwindling pack have left consumers soaking in Shaw, Rogers, Bell, and Quebecor — whether they flip on their televisions, make a cell phone call, read a newspaper, or download something from the Internet.  Talk about vertical integration!  Now the supersized are back for more deregulation so they can trade programming rights between themselves, fend off the devil — Netflix, and of course continue to buy each other out.

There is one exception, of course.  Allowing party crashers.  While all of the incumbent players want the rules loosened up on their respective media and telecommunications operations, they are hellbent on keeping foreign competition out of Canada — the only real deep pockets sufficient to break up a convenient cartel of phone and cable companies.  Rogers and Shaw stay on their respective sides of a line dividing eastern Canada’s turf for Rogers and western Canada’s territory for Shaw.  Bell and Telus do much the same.  Quebecor provides cable for Quebec, and a handful of much smaller players fight for any remaining crumbs.

For Americans, it would be the equivalent of turning over your telephone, broadband, cable, television, newspapers, magazines, and radio stations to Rupert Murdoch or ex-media baron Ted Turner.

For Canadians, these hearings come just a tad too late.  Shaw Communications is absorbing their latest buyout — Canwest Media’s TV assets, which are hardly meager.  Shaw will run more than two dozen local broadcast TV outlets, 30 cable and satellite networks, and Global — a major broadcast network.  Bell is still popping Rolaids over its digestion of the enormous CTV and smaller upstart A-Channel network.  When it’s finished, “A” will become “CTV Two.”

The Globe and Mail notes between them, Bell, Shaw, Rogers and Quebecor control:

• 86 per cent of cable and satellite distribution;
• 70 per cent of wireless revenues;
• 63 per cent of the wired telephone market;
• 49 per cent of Internet Service Provider revenues;
• 42 per cent of radio;
• 40 per cent of the television universe;
• 19 per cent of the newspaper and magazine markets;
• 60 per cent of total revenues from all of the above media sectors combined.

As far as growth goes, as Alan Keyes used to proclaim, “that’s geometric!”

But it’s still not enough now that Netflix has arrived in Canada.  Despite the fact the operation has been challenged by punitive usage caps restricting viewing (or lowering its video quality), Netflix and new technology companies like it are the 21st century boogeymen for these multi-billion dollar media corporations.  The only way to defend against it?  Deregulate to allow them to trade viewing rights, grow larger, and charge whatever they like.  Somehow that seems to miss the point: Netflix is popular because it costs less, allows people to stream the shows they actually want to watch at a time of their choosing, and let’s families drop some overpriced premium channels and video rental fees along the way.

Bell’s dollar-a-holler researcher expanded on why large media conglomerates miss the point, even if he did so unintentionally.

According to University of Alberta economics professor, Jeffrey Church, “vertical integration is beneficial for consumers.” Sit down as you read why:

• it reflects efficiencies, spurs competitive innovation and is a global trend;
• telecom, media and Internet markets in Canada are “highly competitive;”
• our ‘small media economy’ needs a few deep-pocketed national champions to compete globally and invest heavily in innovation at home;
• instances of harm are mostly imaginary and few and far between;
• it helps keep “consumers . . . within the regulated system” (Shaw’s submission, p. 4).

Like cattle.

Cramming

After years of mystery phone charges for long distance services, ringtones, software backup, and phone entertainment customers never signed up for, the Federal Communications Commission today announced it was getting tough with more than $11 million in fines against some of the companies responsible.

Phone cramming — the practice of signing you up for paid services you never ordered, wanted or needed, has been a perennial problem ever since telecommunications reform allowed third parties to charge for their dubious services on monthly telephone bills.  In return, phone companies collect a substantial piece of the action, leading some critics to charge Ma Bell has a financial interest in keeping phone cramming alive and well.

Helping increase the confusion, most cramming charges are listed under innocent-sound names like “long distance discount plan,” “protection plan,” or “ring choice.”  Most are buried under “other charges” found on the back of the bill or somewhere on the second page.  The monthly charges can range from $2-20 — the smaller the amount, the less likely it will be questioned by a cramming victim.

Some of these charges have been collected from unsuspecting customers for years.

Now FCC Chairman Julius Genachowski has proposed fining the worst offenders $11.7 million for violating the agency’s cramming rules.

“We’ve seen people getting charges for yoga classes, cosmetics, diet products, and, yes, psychic hotline memberships,” Genachowski said. “These mystery fees are often buried in bills that can run 20 or so pages, and they are labeled with hard-to-decipher descriptions like USBI.”

The targets of the fines: Main Street Telephone; VoiceNet Telephone, LLC; Cheap2Dial Telephone, LLC; and Norristown Telephone, LCC.

Customers who do ferret out cramming charges run into roadblocks trying to get their money back.  Telling customers they themselves authorized the charges, several crammers refuse to provide refunds or only agree to stop future charges, while keeping the money they already collected.  Other customers seeking refunds from phone companies find themselves in a loop of “buck-passing,” as companies like Qwest redirect callers to the crammers to get charges credited back.

The Senate Commerce Committee will hold hearings on phone cramming soon and issue a report on the ongoing problems this practice causes customers, according to Sen. Jay Rockefeller (D-WV).

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WISH Indianapolis Phone Cramming Durham 12-17-10.flv[/flv]

WISH-TV in Indianapolis has spent years tracking the exploits of former-local businessman Tim Durham, who allegedly wiped out the savings of thousands of people, was blamed by one victim for the death of his elderly mother, and was implicated indirectly in a phone cramming operation.  (13 minutes)

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/KSTP Minneapolis Victims of Bill Cramming 1-7-11.flv[/flv]

KSTP-TV in Minneapolis provides raw video of Greg Carlson of Eagan and Matt Rohn of Northfield sharing their stories about being crammed by USBI for long distance on their Qwest bills.  (6 minutes)